If you work with other groups, hire consultants or hire organizations to provide services for you or your target audience, it will often be helpful to « receive them in writing. » This section helps you read the two types of documents most organizations need in their dealings with others, and create contracts and memorandas of the agreement. If you do not agree with any of the terms of the agreement or if you have any questions or problems with it, ask them before signing. Tool Box believes that most small organizations, whether they design contracts or agreements, have already discussed the terms with the contractor or signatories and that there will be no surprises for anyone in the final document. This type of open and collaborative process makes everyone`s life easier and increases the chances that the terms of the contract or agreement will be respected. For example, when an organization agreed, at the request of a funder, to act as a pass for another organization that had not yet received a tax-exempt federal filing. The first organization would simply ask the funder for money at reasonable intervals and transfer it to the second. In such a situation, it is advisable to design and sign a Memorandum of Understanding outlining precisely how this agreement works. This process takes time, so plan accordingly. If you develop the agreement, you must share the draft contract with the other entity before sending it to the Provost/VC level for signature. If the agreement was initiated by the external entity, use your discretion as to whether substantial changes have been made and need to be reviewed by the other entity before it is sent to the signing.
The Provost/VC level will pass the agreement on to the general council if necessary. Name the contracting parties to the agreement. Know who will conclude the agreement. The names of those eligible to conclude the agreement could be included at the beginning of the agreement, but will be definitively included as persons mandated by the parties to sign the agreement. They may also include the names of the umbrella organization or sponsorship agency and the names of all those responsible for implementing the agreement. Describe each party`s expertise. This description establishes mutual respect for the conclusion of the agreement. This can be done with a little flare to make the other party feel good. Make the other party feel that their agency has something you need and make sure they know you have something to offer. They may include the responsibility and/or operational objectives of each party.
A Memorandum of Understanding, as has already been said, is not a legal document and will not be tried. They cannot use it – except morally – to hold another organization to what it has promised. But you can encourage it as a guide, memory. Ask your VC or Provost administrative assistant to check the database to determine if the UAF has already reached an agreement with the entity concerned.